Employer of Record Event Staffing
Without a designated employer of record (EOR), the hiring organization becomes the de facto employer under the NLRB's Browning-Ferris joint-employer standard — inheriting all payroll tax obligations, FLSA compliance requirements, and workers' compensation liability for every temp worker on-site.
Key Risk Areas
The employer of record (EOR) is the legal entity that employs workers — handling payroll taxes, workers' comp, W-2s, and FLSA compliance. In event staffing, this is the staffing agency. W-2 employment = EOR status. When a staffing agency employs workers as W-2 employees, it is the EOR by definition. Gig platforms using 1099s have no EOR.
EOR Determines Who Pays
The employer of record is responsible for payroll taxes, FICA, FUTA, and workers' comp premiums.
Control = Employer Status
If you set schedules, uniforms, and work methods, you may be the employer regardless of what the contract says.
Joint Employer Risk Is Real
Under Browning-Ferris, even indirect control over working conditions triggers joint employer status.
Staffing Agencies Must Be the EOR
A properly structured arrangement requires the staffing agency to explicitly assume EOR obligations in writing.
The NLRB's 2023 Browning-Ferris Industries standard: an entity that has authority to control (even if not exercised) essential terms of employment is a joint employer. This includes scheduling, supervision, and work rules — all standard in event staffing.
Per IRS Publication 15-A, the common-law employer test considers behavioral control, financial control, and type of relationship. Event clients who direct staff workflow typically meet the "behavioral control" threshold.
Under FLSA §203(d), the "employer" includes any person who "suffers or permits" work. DOL Fact Sheet #13 confirms that multiple entities can be joint employers for FLSA purposes, making both the agency and client liable for wage violations.
California's ABC test (AB 5) and Massachusetts' §148B presumption make it extremely difficult to avoid employer status for event workers. NY Labor Law §862-b holds staffing firms and clients jointly liable for wage theft.
Frequently Asked Questions
Common questions about employment law risk.
Staffing is the thing nobody thinks about.
Until it goes wrong. Then it's the only thing anyone's talking about. We'd rather you never have that conversation.
